Q: What is evidence?
A: The chain of evidence that must be proved or the proof
A: A means of ascertaining the true facts
Q: Do Rules of Evidence differ from court to court?
A: No. Under the principles of uniformity, unless an
exception is provided.
*Rule of Evidence is a procedural law.
*Substantive law – law that creates rights statutes and
obligations.
Rules of Evidence can be applied to cases pending when
it was issued because there is no vested right hereof as a
general rule.
 XPN: When the law requires higher weight of
evidence to establish the case, Rules of Evidence
cannot lower such weight required or the rule
could be regarded as ex post facto.
Rules equally apply to civil and criminal cases because
both seek the truth. But certain rules apply only to criminal
cases like dying declarations.
Q: Are Rules of Evidence applicable to quasi-judicial
proceedings?
A: Yes, but it applies suppletorily and not is not controlling.
 Example: Photocopy of a document is
admissible.
Q: Proof vs. Evidence
A: Evidence is the means used to establish proof, while
proof is the sum effect of all evidence presented,
producing a belief.
Q: Factum Probandum vs. Factum Probans
A: Factum Probandum – fact to be ascertained.
Factum Probans – means for ascertain the fact.
 Example: Factum probandum in murder is
ascertain treachery. Factum probans is to prove
another fact.
Q: Why is Factum Probandum and Factum Probans
important?
A: Because the fact proving another fact is intended to
induce a belief.
Q: Can a Factum Probandum be a Factum probans at the
same time?
A: Yes. Example is the chain of evidence in illegal drugs.
Q: What is the evidence that the vessel is liable to damage
to rice that was shipped?
required to be able to claim damages is that, it must be
shown that the rice was shipped in a good condition and
that it is already damaged when it arrived.
Q: What is Additional Evidence?
A: It is that which proves the same point as the first.
Q: What is Corroborative Evidence?
A: It is that which differs from the firs evidence. It is an
evidence of a different kind and character.
Q: In a contested action for support, the man denied that
he fathered the child. What could be the evidence of a
different kind that would prove the same point>
A: A negative DNA Test.
SQ: What kind of evidence is the first?
A: Testimonial evidence.
SQ: What kind of evidence is the second?
A: Scientific evidence.
Q: What is Cumulative evidence?
A: It is an evidence of the same kind as that already given.
2 Elements for an Evidence to be Admissible:
1. Relevant to the facts of issue
2. Competent if it is sanctioned or not excluded by
the Rules.
Q: When will the court determine if evidence is admissible
or not?
A:
1. For object evidence, when it is shown to the court;
2. For testimonial evidence, when counsel call the
witness and states the purpose of his testimony;
3. For documentary evidence (not deemed offered
when identified or marked)
Q: When must objection to evidence be made?
A: When it is offered, as soon as the ground for objection
arises.
Q: When is evidence relevant?
A: When it induces a belief in fact in issue; or when it has
probative value as to the truth of the disputed fact.
Q: What would be the relevance in a murder case if the
evidence that the victim was shot on the back?
A: It would prove the element of treachery.
Q: Whether or not it rained, would the evidence that
grounds were wet be relevant to the issue?
A: Yes, such inference would be reasonable and relevant
based on human experience. (The point is relevance and
not the truth.)
2 ASPECTS OF RELEVANCE:
1. CONNECTEDNESS – it directs toward a fact in
issue or connected to it.
2. PROBATIVE VALUE – the evidence has a
tendency to establish the proposition sought to be
proved.
Q: When is evidence irrelevant?
A: When it has no probative value.
Q: Is evidence on collateral matters allowed?
A: GR: No, because it does not have direct relevance to
the issue of the case.
XPN: When it tends to establish the probability or
improbability of the fact in issue.
Q: Would evidence that the accused fled the scene of the
homicide be the regarded as evidence of guilt?
A: Yes, but he should show that he fled not out of guilt but
out of fear from being regarded as the author of the crime.
Q: What collateral evidence will prove that the warehouse
owner committed arson?
A:
1. He took heavy insurance, overstated the price of
the insurance;
2. He is financially distressed; and
3. He has inconsistent explanation on how the fire
started.
Q: Do the following have probative value to prove that if a
student stole the i-pad of another?
1. Testimony that witness saw the suspect take the
other student’s iPad – Yes
2. Saw the suspect afterwards holding the iPad that
had distinctive cover – Yes
3. Shortly before the loss, the suspect was heard to
say that he wanted to own an iPad – Yes
Q: Can a court disallow evidence even if it is relevant and
competent?
A: Yes, when its admission will:
1. Cause undue prejudice (e.g. inflammatory
photographs)
2. Only confuse the issue
3. Cause undue delay; or
4. Amount to needless presentation of cumulative
evidence. (e.g., when it is voluminous)
Q: IS a ruling on relevance of evidence subject to review
on appeal?
A: As a rule, no because such matter is subject to trial
judge’s discretion. As an exception, when there is a
wanton disregard.
Q: The court excluded accused Juan’s confession to his
friend when this was offered against Cesar, his co-
accused, on the ground of lack of independent proof of
conspiracy. Can the prosecution offer Juan’s confession
against himself?
A: Multiplicity of evidence applies. All requisites for
admissions have been met.
Q: Can a chemist be presented to testify that the seized
substance he examined was a prohibited drug, even
when police who seized had not yet testified that he had
seized he substance from the accused? Can the
testimony of the chemist be admitted as evidence?
A: Ordinarily no, but it can be conditionally be admitted.
Q: Who has the burden of seeking to introduce connecting
evidence that was conditionally admitted?
A: The party in the case who objected to its conditional
admittance must seek its exclusion…
Q: If evidence of bad reputation of a party is not relevant
but the court allowed it, may the accused be allowed to
counter by evidence of his good reputation?
A: Yes, under the principle of curative admissibility.
Q: Direct evidence vs. Circumstantial evidence
A: Direct – without aid of inference or presumption.
Circumstantial – sometimes called indirect or collateral
evidence; evidence of fact which when taken together…
Example: Circumstantial evidence in killing:
1. Antecedent – quarrel
2. Concomitant – footprints
3. Subsequent – death
Q: Would evidence on collateral or circumstantial matters
be allowed?
A: No, except when it tends to establish the probability or
improbability of the fact in issue.
*Direct is preferred, not circumstantial.
Q: Will presentation of direct evidence bar the
presentation of circumstantial evidence?
A: No, because circumstantial is often useful to
corroborate.
KINDS OF CIRCUMSTANTIAL MATTERS THAT MAY
BE RELEVANT TO THE FACT IN ISSUE:
1. ANTECEDENT – those that precede the fact in
issue:
2. CONCOMITANT – those that surround or
accompany the fact in issue; and
3. SUBSEQUENT – those that occur following the
happening of the fact in issue
Example of Relevant Antecedent Collateral Matters:
1. Moral character of a party.
2. Customs of a place
Significant Examples:
1. Motive
2. Existence of a plan, design, or agreement to
commit an act…
MOTIVE – inner drive, impulse or intention that causes a
person to act in a certain way.
Q: Is evidence of motive indispensable?
A: As a rule, no, but in certain cases, motive is needed
such as in libel and slander, wherein malice is an element.
Q: When is motive important in a criminal case even if it
is not an element?
A: When there is doubt as to the identity of the accused.
Q: How do Concomitant Circumstantial Matters affect an
issue of fact in the commission of a crime?
A: By establishing the opportunity for the accused to
commit the crime.
Q: When is evidence of opportunity important in
establishing the case against the accused?
A: When there is no direct evidence that the accused
committed the crime.
Q: Must opportunity be exclusive to him for such evidence
to be useful?
A: No, as when there are other circumstances…
Q: When is evidence of incompatible concomitant
circumstance useful?
A: (Example: fact that only 1 accused shot the victim
constitutes ICC evidence)
Q: Explain how the principle of ICC makes it unlikely for a
donor who hated the done to have made a generous
donation to the latter.
A: Hating someone is incompatible with the idea of
making a generous donation.
Q: Explain how alibi is an ICC that precludes guilt.
A: A person cannot be in 2 places at the same time.
Q: Is alibi a good defense?
A: Yes, because it may acquit the accused. Exception is
when the accused is identified as when the witness
categorically pointed out to the accused.
Q: Can a weak alibi be taken against the accused?
A: No, he should be acquitted.
Q: Can alibi overcome positive identification?
A: Yes.
Examples of Subsequent Collateral Facts that show
possible guilt:
1. Flight
2. Concealment
3. Nervousness
4. Despair
5. Fingerprint
6. Articles left by the accused
7. Resemblance
8. Blood stains
9. Offer of compromise
10. Possessor of stolen articles or counterfeit notes
Q: Is non-flight evidence of innocence?
A: If taken with other circumstance, including absence of
positive identification, it could not be taken against the
accused.
Q: When is a test regarded as positive evidence?
A: When the witness knows and affirms that a fact took
place or did not take place.
Q: When is testimony regarded as negative evidence?
A: When the witness did not see or know that the fact has
taken place.
*Positive has greater weight.
Example: Witness testified that one drank and the other
did not. Both are positive evidence or assertions.
COMPETENT EVIDENCE
Q: Who has the burden of showing whether a particular
evidence is competent or incompetent?
A: A party who asserts that it is incompetent.
Q: Is the confession made by the accused to the police
relevant?
A: Yes, since a person’s confession that he committed a
crime is an evidence of guilt.
Q: When is evidence credible?
A: When it induces belief.
*A person in noble profession enjoys presumption as a
neutral witness and not a bias witness.
*No rule excluding lies as evidence.
*Not necessarily that denial can be given credence
especially is there is an evidence such as fingerprint on
the knife used.
*The court should admit as evidence when there is a
doubt as to the admissibility of the testimony given in
court.
For admission given, if the judge erred in his ruling and
excluded the testimony, the CA is precluded in reversing.
Remedy: TENDER OF EXCLUDED EVIDENE
Q: Can a trial judge go to the scene of the crime and
interview people who may have seen it happen?
A: As a general rule, no. But as an exception, the judge
may be allowed though it must be limited to the evidence
adduced.
Q: Duty of the litigant with respect to their respective
claims.
Q: Judge happens to have personal knowledge of certain
facts that are relevant to the issues in the case before him.
What shall the judge do?
A: The judge should inhibit himself.
Q: What is a presumption?
A: An inference that a fact, not actually known, exist,
because of its usual connection with a known existing
fact.
Q: Does a presumption in favour of a party shift the
burden of going forward with the evidence to the other
party?
A:
Q: Who has the burden of proof when a party puts a
presumption in issues by denying it?
A:
Q: What justifies the rules establishing presumption of
fact?
A: Regularity of one fact if the other although short of
absolute truth, establish truth with as much
reasonableness as judicially noticed facts.
Q: Is there a presumption of employer-employee
relationship between a driver of a vehicle and is owner?
A: None, but a person driving someone’s car may be
presumed to have been authorized by the owner.
Q: Can the legislature enact a law which provides that
when certain facts have been proved, these facts shall be
prima facie evidence of the offense?
A: Yes, the legislature can…
Q: May a presumption take the place of evidence and
support a decision?
A: Yes, when the presumption is entirely not contradicted
or rebutted by competent evidence.
Q: What is the consequence when the presumption of
innocence is in conflict with the application of another
presumption in a case?
A: The presumption of innocence is highly favoured, thus,
most other presumptions must yield to it.
Q: What must a party show so he could benefit from a
presumption established by the rules?
A: He must first establish the basic fact from which the
presumed fact arises.
Q: Can a presumption rest on another presumption?
A: GR: NO because it must be based on facts not on
another presumption.
*It is the duty of the City Treasurer to ascertain correct
payment.
Q: What is the consequence when a party has, by his own
declaration, act or omission, intentionally and deliberately
led another to believe a particular thing true, and to act
upon such belief?
A: Estoppel.
Q: Elements of this kind of estoppel in relation to the party
guilty of it?
A:
1. Party guilty of estoppel made a false
representation inconsistent with the facts that he
subsequently attempts to assert;
2. He intended his false representation to be acted
upon by the other party; and
3. He has actual or constructive knowledge of the
real lfacts.
Q: Elements of this estoppel in this rule in relation to the
party invoking the benefit of estoppel:
1. He lacked knowledge on the means to ascertain
the truth of the fact in question;
 2. He relied in good faith on the representation
made to him; and
3. He acted based on the representation made to
him, to his prejudice.
Q: An heir represented some minors in a suit for partition.
Can such heir be allowed to impeach…?
A: No, he is in estoppel.
Q: Does a person has a right to rely on presumption
before he acts?
A: Yes, it is satisfactory if not contradicted.
Q: What is the presumption when a person is found in
possession of a thing taken in the doing of a recent
wrongful act?
A: Presumption is that he is the taker and doer of the
wrongful act.
*The reason for the presumption of regularity is
FIDELITY.
*Take note of DISPUTABLE PRESUMPTIONS under the
Rules of Court
*3 Persons presumed death by reason of absence.
Basis of presumption of innocence in criminal case:
Principle of justice is not intended to protect the guilty but
to prevent conviction of the innocent. However,
presumption of innocence disappears after conviction.
*Presumption of sanity.
*Act from which the presumption springs must be a
criminal act not just a wrongful act; otherwise, the
presumption does not arise. Wrongful act is not presumed
because of a wrongful intent.
FEB. 1, 2018
Q: It is said that a person presumably intends the ordinary
consequences of his voluntary act. Can he show that the
things that happened are completely different to what is
ordinary?
A: The presumption is disputable.
Q: When a person sells his property for much less than its
true value, is it presumed that his consent had not been
properly given and that the sale should be annulled?
A: No. All men are presumed sane and normal, motivated
in the same way as others. Life is sometimes a conduct
of wits and good judgments. The law furnishes no
protection to the inferior simply because he is inferior, any
more, that it protects the strong because he is strong. The
law protects both.
Q: Can a person deny knowledge of the terms of the
contract he had signed?
A: Ordinarily, he cannot. The presumption is that he would
not sign a document which contents are not known to him.
Q: Can this presumption apply to a person who is unable
to read?
A: Yes, such person is negligent if they did not ask that
the contract be read to them?
Q: So what happens when a party wants to enforce the
contract?
A: The person enforcing the contract must show that he
had read the contents to the illiterate.
Q: Would the presumption of appr… of adverse evidence
apply where such evidence is available to both the
defense and the prosecution?
A: No.
Q: Would the plaintiff’s failure to offer in evidence a
disposition he had taken of the adverse party amount to
wilful suppression of evidence, justifying a presumption
that such testimony would have been adverse?
A: No since disposition is also accessible to the
defendant.
Q: A witness saw the defendant signed the document and
that if presented would show defendant’s liability.
Defendant’s failure to present his books of evidence
corroborate the testimony of the witness.
A: Yes.
Note: Informant may be dead already. Suppression in
drug cases will not apply. It may also be due to protection
of the informant working as incognito.
Accused knows the informant but the latter was not
presented, the accused should himself have called the
informant to testify through a subpoena.
Accused has the right to remain silent and no adverse
inference should be drawn from him refusal to testify in
his defense.
Inference can be made that a party fabricates evidence, if
truth would be detrimental to the intent of the party who
fabricated the evidence.
Presumption if a creditor still has in his possession the
promissory note of the debtor is that the latter has not paid
yet.
Possessor of a stolen article is presumed to be a principal
unless he satisfactorily shows his innocence and
possession thereof.

Accused is presumed to have stolen all the goods more
than what he has taken from the owner even though he
only has in his possession a portion thereof.
Presumption that possessor of a recently lost article is a
thief:
1. Theft has been committed;
2. It was recently committed;
3. Accused is in actual or prior possession of the
stolen articles;
4. Unable to explain his possession satisfactorily.
Q: What justifies the presumption that the person who
used a forged document is the forger?
A: If the person used it, USER of the forged document is
the FORGER; It can hardly have a direct evidence;
usually it is secretly done.
Q: Would it follow that a person usually assigned to
prepare vouchers of the kind that was forged is its forger?
A: No. It is unreasonable especially when it is not shown
that he profited.
Q: If a person is caught spending counterfeit money, is
there a presumption that he is the counterfeiter?
A: Yes, but he can show that he acquired and spent it
innocently.
Note: Presumption of a bank inspects a check deposited
within 90 days from date of issuance for insufficiency of
funds is that the issuer intentionally issued the check.
Q: Bases of presumption that a person in possession of
property has right to do so.
A: True owner would not let another keep his property
without his permission.
Presumption that possession of a thing by an agent is that
it is that of his principal or employer.
Reason for presumption that a person in public office was
regularly appointed or elected to it.
Public officers are presumed to have properly discharged
the duties of their office.
1. Innocence is presumed
2. Oath has not been violated
3. Republican form could only survive wit trust and
confidence
Frequently extend to corporate acts – regular
performance
Q: Is there a presumption of authority to execute contracts
in the corporate name?
A: Yes, but it does not extend to unusual and
extraordinary contracts.
Q: How presumption of regularity of official act be
rebutted?
A: Evidence of irregularity or failure to perform a duty.
Adverse presumption when the act is irregular on its face.
Presumption of regularity, if not in excess of his powers
and duties.
Q: What presumption do police investigation reports
enjoy?
A: That they have been prepared in the regular
performance of their duties. But there is no presumption
of truthfulness because presumption of innocence
prevails.
Presumption of proper service of summons.
Priests/church ministers have no duty to investigate
licenses that have been validly issued by the OCR. There
is a presumption of validity.
Presumption that competent court has their acts done
rightly.
Fact does not appear in the record, presumed that
requirements of law have been complied with.
If a return shows service of summons at the wrong place
and upon a person not defendant, there is no presumption
of regularity because it is irregular on its face.
No presumption that accused was brought to trial when
the records do not show such because no way that the
CA can review what has been in the trial.
General presumption regarding the conduct of persons:
All act fairly, honestly and in good faith.
Courts do no presume from state of facts, injurious to the
fair dealing and common honesty: Presumption of care
not negligence subject to exception in case of breach of
contract of carriage.
Presumption of honesty and fair dealing in artificial being.
Consideration is presumed.
Indorsement came after the check matures to destroy the
presumption.
Basis for presumption that writing is truly dates is it was
intended by the parties.
No presumption that all signatures signed at the date
indicated in the instrument. Signatures are collateral to
presumption of date which cannot be presumed.
Post office is a public agency, which enjoys presumption
of regularity,
Q: Does this presumption apply to letters sent from private
office like placing the letter in the outgoing basket for
mailing?
A: No. Actual proof that the letter was placed in the mail…
or …
Presumption of the addressee’s receipt of the letter is
conclusive and may not be overcome by mere denial of
such receipt.
Actual receipt must be received to prove actual service of
the pleadings to the defendant.
Presumption of loss of vessel or ship which cannot be
accounted for.
If relevant to the resolution of the case, action for
presumption of death in 7 years may be invoked.
No independent action for declaration of presumption of
death; exception is for purposes of marriage.
No presumption of marriage if one of them is living in
scandalous life.
Proof required to overthrow presumption of legitimacy of
a child is proof beyond reasonable doubt that husband
had no access to wife to be the child’s father.
Legitimacy of a child cannot be attacked collaterally. It
cannot be contested by way of defense especially if action
is for different purpose.
Presumption of legitimacy even if mother declared
illegitimacy.
Party who has the burden of proof is the party who wants
to terminate known, continued existence of a thing.
No presumption of violation of law because the
presumption is that the law has been abided.
Persons are not presumed to know private regulations
even though founded upon statute and used for its
enforcement.
A child does not presume legitimacy or illegitimacy if born
after 300 days following the dissolution of the marriage or
separation of spouses.
Legitimacy – burden of proof upon he alleges it.
WEIGHT AND SUFFICIENCY OF EVIDENCE
Criminal Case – Proof Beyond Reasonable Doubt; all
element of the offense or crime must be proved.
Civil case – Preponderance of Evidence; all must be
required to establish evidence.
Writ of Amparo – Substantial evidence
Clear and convincing evidence – lies between
preponderance and beyond reasonable doubt.
For what purpose has clear and convincing evidence
been applied?
1. Extradition
2. To prove self-defense
3. To set aside a notarized document
4. To establish bad faith
5. To prove bias of a judge
6. To prove fraud in civil action
7. To prove forgery in civil action
8. To prove right to conveyance of property
9. To prove frame-up in drugs cases
10. To prove denial or alibi in criminal cases
11. To warrant award of moral damage in labor
12. To overcome regularity in the exercise of police
function
Evidentiary Weight of Electronic Evidence
(a) The reliability of the manner or method in which it was
generated, stored or communicated, including but not
limited to input and output procedures, controls, tests and
checks for accuracy and reliability of the electronic data
message or document, in the light of all the circumstances
as well as any relevant agreement;
(b) The reliability of the manner in which its originator was
identified;
(c) The integrity of the information and communication
system in which it is recorded or stored, including but not
limited to the hardware and computer programs or
software used as well as programming errors;
(d) The familiarity of the witness or the person who made
the entry with the communication and information system;
(e) The nature and quality of the information which went
into the communication and information system upon
which the electronic data message or electronic
document was based; or
(f) Other factors which the court may consider as affecting
the accuracy or integrity of the electronic document or
electronic data message.
FEB. 6, 2018
JUDICIAL NOTICE
Q: Does a party to the case need to present evidence to
establish every fact he needs to support his claim?
A: No, the court can take judicial notice of certain facts.
Commonly known facts are deemed proven even it no
evidence has been adduced regarding them.
Convenience and expediency demand their acceptance
as fact.
Discretionary Judicial Notice; Requisites
THINGS OF COMMON KNOWLEDGE
1. Acquired in the source of ordinary experience
2. Capable of unquestionable demonstration
3. Ought to be known to judge because of their
judicial functions
Matters that are capable of unquestionable
demonstration: pertain to fields of professional and
scientific knowledge.
Matters of unquestionable demonstration about
demonstrating fact before the judge? NO.
Judge ascertain a fact by unquestionable demonstration
by consulting materials in common use to ascertain the
fact.
Looking into standard science textbooks that explain
these principles such as scientific principles used in x-ray
and ultrasound machines that could see images of body
organs.
The facts that judge may take judicial notice because they
can be found in standard reference materials:
1. Historical facts and known events in immediate
past
2. Geographical facts
3. Natural laws and phenomenon of nature (ex.
Changing seasons)
4. Arts and sciences (ex. Weights and measure,
combustion system, infectious nature of diseases
and thumb marks)
5. Customs and usage provided they are:
a. Generally known
b. Established; and
c. Uniformly used
Examples: methods of closing sales in fish
markets, the banking practices regarding time
needed to clear checks
6. Religious matters
7. Commercial practices (examples: rate of
exchanges, corporations, VAT)
8. Habits and traits (ex. Life expectancy, human
gestation, physical characteristics, variations in
handwriting, and instincts of self preservation)
9. Diseases and infections
10. Fact that Philippines is in typhoon belt
The Rules allow the Court to hold a hearing on a matter
that it intends to take judicial notice of.
Hearing takes place after trial and before judgment and
on appeal.
CA reviews trials taking of judicial notice of certain
matters.
Matters which ought to be known to the judge. (Ex:
matters of judicial functions like records of the
proceedings)
Judge cannot take judicial notice on the matter in
controversy.
Test for taking judicial notice or matters of lublic
knowledge?
 Notoriously known
 Universality of knowledge or belief
 Known to most men
When the rule and law compel judicial notice, it is
mandatory.
Refusal of judge to take judicial notice of Sec. 1, Rule 129:
matters of notoriety, not judge’s personal knowledge
Judicial notice of acts of foreign governments or existence
of threats against their stability? Not always because
courts must defer to the executive department’s
prerogative in granting or withholding recognition to the
acts of foreign governments. Any undue judicial acts in
this regard would embarrass our government.
Stages when judicial notice may be taken:
1. During trial, on motion or motu proprio
2. After trial and before judgment on appeal
Treaties are in the nature of law.
Foreign laws must be proved:
1. By authenticated official publication
2. Certified copies
When can courts take cognizance of foreign laws:
1. Such law affect Philippine sovereign interests
2. Where local court has access to unquestionable
information
3. When Philippine law is borrowed from foreign law
or statute and examination of the latter would help
ascertain legislative intent
The Court may take judicial notice of the following:
1. Learned treatises when the writer is well-known
2. Administrative rules issued by government
agencies. These are subordinate legislations to
carry out the purpose of the law, provide details
in the application of the law. Although these are
not notoriously known, they are capable of
unquestionable demonstration through official
publication.
3. Presidential proclamation and SCRA
4. Executive grants of amnesty but not specific
orders of executive clemency
5. Municipal ordinance (only MTC of the
municipality and by RTC on appeal)
6. Affidavit attached to the record of a case pending
before it. (cannot be considered as evidence
because not testified and not cross-examined;
only as to its existence)
 7. GR: Records of “other” cases assigned to a court
cannot be taken judicial notice of.
XPNs:
1. Jointly tried cases and are closely
interwoven;
2. Parties so stipulate
3. Public has an interest in case
4. Necessary to ascertain whether or not a
previous ruling applies to the new case
8. Well-known person’s standing in business
JUDICIAL ADMISSIONS
Q: What does “admission” of an alleged fact mean?
A: “to agree to its truth”
Admissions of your opponent do not require proof –
verbal/written admissions that makes in the course of the
proceedings in the same case, do not require proof.
2 Requisites of Judicial Admissions:
1. A party to the case made it; and
2. In the course of the judicial proceedings
(complaints, answers, incidental motions,
manifestations; verbal admissions during the trial
and hearings)
Universal principle in judicial admissions – estoppel
Contradict:
GR: No
XPNs: Palpable mistake; no such judicial admission was
made
UNUSUAL JUDICIAL ADMISSION AND THEIR
CORRESPONDING “PROCEEDINGS”
1. Admission in pleading and motions
2. Stipulations; pretrial
3. During the trial
4. Answers to requests for admission and
interrogations to parties
Deemed to admit what his opponent stated – no specific
denial
Not deemed admitted: (ignored by courts)
1. Averments of conclusions
2. Non-ultimate facts
3. Unliquidated
4. Contradicting statements
Hypothetical admissions in motion to dismiss are not
binding precisely because they are hypothetical.
*Counsel’s admissions regarded as judicial admissions of
his client.
Judicial admission does not necessarily prevail.
Therefore, the court may still admit evidence.
No need to formally offer admission of the party that he
has made in the pleadings; must only sign the portion of
pleading where the judicial admission was made.
Authenticated and offered extrajudicial admission in
another case if presented in evidence.
Accused testifies in his defense during trial are not his
declarations in the nature of judicial admission but it can
be used against him.
Judicial admission with presentation of evidence and is
incompatible with the idea that it results from taking the
testimony.
Feb. 8, 2018
Documentary Evidence, Classification
1. Public
2. Private
Authentication of a writing means that the writing is what
it is claimed to be.
It is necessary to authenticate documents to check on the
perpetration of fraud.
Authentication may be waived.
Q: How can authenticity of a letter be shown other than
by the identification of the signature?
1. The character, spelling, or style of composition
unique to the writer;
2. By the tenor of the letter, its subject being known
only to the writer and recipient; or
3. By the writer’s admission
Q: Suppose the witness wrote a letter and received a
reply to it. How will he authenticate the reply thereto?
A: By showing:
1. That it is a reply to a prior letter and received in
mail in due course;
2. That the reply letter enclosed a paper that was
sent in the original letter;
3. That the envelope contains the postmark of the
addressee of the original letter; or
4. That the letter referred to the contents of the
original letter
Q: How is a computer record authenticated?
A: By testimony that the record is a printout from the
computer.
Q: When is evidence of authority of private document not
necessary?
A: When the private document is more than thirty years
old, is produced from a custody in which it would naturally
be found if genuine, and is unblemished by any alterations
or circumstances of suspicion.
Q: Does such authentication ensure admissibility of
ancient document?
A: No, it only dispenses with proof of its genuineness.
Q: How is genuineness of handwriting proved?
A: By any witness who believes it to be the handwriting of
such person because:
1. He has seen the person write; or
2. He has seen writing purporting to be his upon
which the witness has acted or been charged,
and has thus acquired knowledge of the
handwriting of such person, meaning that he is
familiar with it.
Q: How may one who, unfamiliar with a handwriting,
authenticate it?
A: By a comparison, made by the witness or by the court,
between the questioned writing and the writings admitted
as genuine by the adverse party, or proved to be genuine
to the satisfaction of the judge.
Q: What is the effect of the failure of the proponent to ask
the witness why he is familiar with the handwriting in
question?
A: None, but he may be cross-examined on it.
Q: On what does the value of expert testimony depend?
A: On the assistance he provides in pointing out,
distinguishing marks, characteristics, and discrepancies
in and between genuine and false specimens of
writings…
Q: What should ideally be the date of the execution of the
standard for comparison?
A: The standards must be as close as possible to the
questioned document in point of time.
Q: May expert use handwriting standards taken during the
trial?
A: No. The paper must be written, not by wilful design, but
without any constraint or is voluntary and unconscious of
the result.
Q: What is the evidentiary value of entries in public
records?
A: Entries in public records made in the performance of a
duty by a public officer are prima facie evidence of the
facts stated in them.
Q: What is the evidentiary value of all other public
documents?
A: All other public documents are evidence, even against
a third person, of the fact which gave rise to their
execution and of the date of the latter.
Q: Does the rule of authentication apply to public
documents?
A: No. Public documents are admissible without proof of
authentication.
SQ: What are the reasons for this?
1. NECESSITY – since it is not practical to require a
public official to come to court and testify to the
prejudice of his duties.
2. TRUSTWORTHINESS – since entry is made in
the course of official duty subject to penalty for its
breach; entry is routinely and disinterestedly
made.
Q: Are contents of public documents conclusive evidence
of the facts stated in it?
A: No, only prima facie evidence of its truth.
Q: What kind of evidence can overcome the presumption
of truth of the contents of a public document?
A: A high degree of proof, more than a mere
preponderance of evidence, is needed.
Q: How is the record of the written official acts, or records
of the official acts of the sovereign authority, official
bodies and tribunal and public officers, whether of the
Philippines, or of a foreign country proved?
A: By an official publication or a copy attested by the
officer having the legal custody of the record, or by his
deputy, and accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has the
custody.
Q: Who will issue the certificate if the record is kept in a
foreign country?
A: the authorized officer in the foreign service of the
Philippines where the record is kept, authenticated by the
seal of his office.
SQ: What must the attestation state?
A: It must state, in substance, that the copy is a correct
copy of the original or a specific part of it.
Q: May a public record be removed from the office in
which it is kept?
A: No, except upon order of a court where the inspection
of the record is essential to the just of a pending case.
Q: How is an authorized public record of a private
document proved?
A: By the original or a copy of the same, attested by the
legal custodian of the record, with an appropriate
certificate that such officer has the custody.
SQ: Is it the private writing that is regarded as the public
document?
A: No. What is considered a public document is the public
recording of it.
Q: How is lack of record proved?
A: By written state of the official custodian or his deputy
that after diligent search in the record of his office, no
record or entry of a specified tenor is found to exist in it,
accompanied by a certificate that he is its custodian.
Q: How is judicial record impeached?
A: By evidence of:
1. Want of jurisdiction in the court or judicial officer;
2. Collusion between the parties; or
3. Fraud in the party offering the record, in respect
to the proceedings.
Q: Is proof of execution and authenticity required of a
notarized document?
A: No and neither is there a need for the notary public to
testify. A notarial document is evidence of the facts
expressed in them. But an affidavit is not admissible in
place of court testimony because it would amount to
hearsay evidence.
Q: How will a party offering a document as genuine, which
has been altered after execution, in a part material to the
question in dispute, explain the alteration?
A: He must account for the alteration. He must show:
1. That the alteration
a. Was made by another, without his
concurrence, or
b. Made with the consent of the parties
affected by it, or
c. Was otherwise properly or innocently
made or
2. That the alteration did not change the meaning or
language of the instrument
If he fails to do so, the document shall not be admissible
in evidence.
Q: When will the party presenting a document explain the
alterations in it?
A: During the presentation of the document, not
afterwards.
Q: What is the presumption as to the time of the alteration
of an instrument?
A: In case of deeds – before it was signed.
In case of wills – after it was signed.
Alteration are viewed with distrust.
Q: Does absence of a seal matter in private documents?
A: NO, insofar as their admissibility as evidence is
concerned.
Q: What is the requirement for admissibility of document
subject to documentary stamp tax?
A: Not admissible in evidence unless the documentary
stamp tax has been affixed.
Q: What is required for admissibility of document written
in unofficial language?
A: It shall not be admitted as evidence, unless
accompanied with a translation into English or Filipino. (to
avoid interruption of proceedings)
Q: Can the court consider authenticated documents that
have not been formally offered?
A: No, they must be formally offered, with the specified
purpose for which the evidence is offered.
Q: Briefly outline the procedure on how to present
documentary evidence.
A: 1. Counsel will ask the witness to identify the document
and then have it marked. Counsel does this by merely
pointing to the document as the one that the witness
referred to in his testimony. In marking, the plaintiff and
the prosecution will use capital letter. (Exhibit A, etc.);
2. The witness will then authenticate the document,
meaning that he will testify that it is what he claims it to
be. The purpose is to show that the document is not a
forgery.
3. The adverse party can inspect the document.
4. The proponent will, before he rest his case, make a
formal offer of the document, stating the purpose for
which it is offered as evidence.
5. The adverse party may object to the admission of the
documentary exhibit.
Q: What is required before a witness begins to testify?
A: The party presenting him must formally offer his
testimony.
SQ: Would failure to make such a formal offer be fatal to
the testimony?
A: No. It may still be admitted, if not objected to.
Q: Where the offer of a documentary exhibit is genral and
it is admissible for one purpose but inadmissible to
another, should it be admitted?
A: No. It should be rejected.
Q: What are testimonial documentary, and object
evidence offered?
 TESTIMONIAL EVIDENCE – at the time the
witness is called to testify.
 DOCUMENTARY AND OBJECT EVIDENCE –
after the presentation of party’s testimonial
evidence.
Q: In what form will the offer be made?
A: Orally unless allowed by the court to be done in writing.
OBJECT EVIDENCE
Q: What are objects as evidence?
A: They are evidence addressed to the senses of the
court.
Q: What will warrant the presentation of object evidence
in a case?
A: Its relevance to a factual issue.
SQ: And how are object evidence presented in court?
A:
Q: What are the 3 sources of knowledge or belief?
1. The testimony of a witness.
Example (from Wigmore): we believe that the man has
iron hook for a hand because a witness saw it.
2. Circumstantial evidence
The belief is drawn by inference from surrounding
circumstances.
Example: We believe he has a hook hand because of the
hook marks he left on some things he grasped.
Q: Give an example of an object evidence.
A: Physical or tangible evidence such as guns, bullets,
wearing apparel, written contracts, defective product,
patented invention, trade mark.
Q: How does object evidence compare with other kinds of
evidence in terms of probative value of convincing power?
A: Object evidence has the highest probative value.
Q: When is a document regarded as documentary
evidence and when is it regarded as object evidence?
A: It is documentary evidence when offered to prove its
contents. And it is object evidence when offered to prove
its existence or condition…
Q: When the document is presented to show it is forged,
does the party offering it have to comply with the
requirements of documentary evidence?
A: No need since it is not being offered as such.
Q: The accused in a rape case presented a ring that
belonged to the complainant woman and bore her name.
She supposedly gave it to him in acknowledgment of their
amorous relations. Is the ring a proper object evidence in
the case?
A: Yes, provided its authenticity is shown. The ring implies
close intimacy between them, making the rape unlikely.
Q: Suppose the ring turned out to be too large when she
tried it on at the trial. Is it useful as object evidence for the
prosecution?
A: Yes, to belie the claim of intimacy that the accused
made.
Q: The oppositors claimed that the will was void since the
deceased and his witnesses signed it on different dates.
But, although two witnesses said they used only one pen
on just one occasion, the signatures bore several colors.
Is the variance in the colour proper object evidence? If so,
what does it indicate?
A: Yes. It indicates that the two witnesses rather signed
using several pens of different ink colors. It is even
probable that they signed the will on different occasions.
Q: To what physical senses of the court does evidence
apply?
A: It applies the judge’s senses of visions, hearing, taste,
smell, and touch. Examples of how this is done:
1. Sense of vision by examining the object;
2. Sense of hearing by playing a recording or
singing of song when it is material to issue;
3. Sense of taste by sipping the liquid to determine
if it is a fermented cider;
4. Sense of smell by sniffing the bottle’s content to
know if it is whiskey;
5. And sense of touch by holding the hand of
complainant who said the accident affected his
hand and made it cold all the time.
Q: How does object evidence enhance a testimony?
A:
FEB. 13, 2018
SELF-INCRIMINATION
1. Specimen in wiritng
2. re-enact his action
Remedy if the object cannot be brought into the
courtroom:
 OCULAR INSPECTION conducted by the judge
in the presence of the parties, done with notice to
the parties.
 PHOTOGRAPH, duly authenticated.
2 KINDS OF DEMONSTRATIVE EVIDENCE
1. SELECTED – giving specimens of genuine handwriting
(to compare with questioned handwriting)
2. PREPARED – not ready-made; making of an object
specifically to be used for trial (examples: scale, drawings,
diagrams)
Contemporaneous acts of the parties are deemed
included in their written agreement. Parties are free to
change their minds and agree differently after they signed
their contract.
FEB. 20, 2018
Q: A party intentionally destroyed the original document,
erroneously believing that it had lost its usefulness. Does
that bar him from presenting secondary evidence?
A: No, since he acted in good faith.
Q: What is the order of preference in the kind of secondary
evidence that may be presented to prove the contents of
the original document?
A: 1. By a copy
2. recital of contents
3. testimony
Q: Would it be enough in every case for just 1 witness to
testify regarding the contents of the original document
which was lost?
A: As a rule, yes. But in certain cases the law requires a
specific quantum of evidence to prove the existence of the
lost evidence.
Example: to prove the content of a lost notarial will, at
least 2 credible witnesses must clearly and distinctly
establish its contents. A photocopy is suggested for a lost
holographic will.
Q: Remedy of party if the object is in the adverse party’s
control.
A: He must give him a reasonable notice to produce the
original document. If after notice and satisfactory proof of
the existence, the adverse party fails to produce the
document, secondary evidence may be presented in the
case of its loss.
Q: Is any particular form of notice required?
A: No, in fact an oral demand in open court would be
sufficient.
If refusal of adverse party to produce the original
document, it is a waiver of presentation of secondary
evidence by the party requesting but there is no
presumption.
Party who requested the production of original document
is not bound to offer it.
Q: When can a mere summary of numerous accounts be
admitted?
A: Only when (a) the record is voluminous and (b) is made
accessible to the adverse party.
Q: Effect if adverse party challenges the detailed contents
of the records of account for being hearsay or inauthentic.
A: He may be allowed access to the original document.
The originals have to be produced for inspection and
assigned to court-appointed auditors for verification and
report otherwise examination will be…
QUALIFICATIONS OF WITNESSES
2 KINDS OF WITNESS INCOMPETENCY
1. ABSOLUTE INCOMPETENCY – forbidden to testify on
any matter (persons of unsound mind); and
2. PARTIAL INCOMPETENCY – forbidden to testify only
on certain matters due to interest or relationship or
respecting parties who are covered with privileges.
Q: When do you determine if a person is not qualified to
be a witness?
1. When he is examined in court;
2. When his deposition is taken; or
3. Before he is examined in his judicial affidavit.
Q: Will bias render a witness incompetent?
A: No, but it affects his credibility.
The following cannot be a witness under special
circumstances:
1. Convicted of falsification of document, perjury or
false testimony are disqualified from being a
witness to a will; and
2. State witness who have been convicted on any
offense involving moral turpitude.
WHO CANNOT BE WITNESSES?
1. those whose mental conditions, at the time of
their production for examination, is such that they
are incapable of intelligently making known their
perception to others; and
2. children whose mental maturity is such as to
render them incapable of perceiving facts
respecting the matter to which they testify.
Q: When must objection to competency be raised?
A: Under Judicial Affidavit Rule, it must be raised at the
time his written testimony is offered.
Effect of failure to object competency: Objection is
deemed waived.
Q: Can a police officer who conducted an ocular
inspection of the scene of violence testify on the
“bloodstain” and distances when he was not present when
the crime was committed?
Q: May the plaintiff testify on facts outside his personal
dealings with the deceased or what the deceased told
him?
A:
Court may, on its own motion, enforce the privilege if
counsel does not raise an objection.
Appeal, not certiorari, is the remedy for erroneous
disqualification of witness.

A: He can testify to the scene of the crime, weapons used,

etc.; He can testify on what he found during ocular
inspection.

Q: Requisites for mental incapacity of a witness:

1. Incapable of making his perception known
2. Incapable at the time testimony is to be made

FEB. 22, 2018

DEAD MAN’S STATUTE

3 PERSONS INVOLVED:
1. Plaintiff
2. Deceased
3. Defendant executor, administrator, or agent of
the deceased against whose estate plaintiff
makes his claim

Q: To what other claim does this rule apply?

A: Claim against estate of person who became insane or

of unsound mind.

Q: Purpose of this rule

1. Guard against tempting the surviving party to
perjure
2. Put deceased on equal terms

Q: Does the dead man’s statute operate to bar the plaintiff

from testifying in a suit against the children of the
deceased assailing their claim over the plaintiff’s
properties?

A: No, since the suit against the children is not in their

representative capacities. It is when the children are so
placed in the suit that they are called upon to defence that
which they got from the deceased, and make a defences
that he might have had, that they be said to represent the
deceased in the suit.

Q: Suppose the question is not what the right of decease

was at the time of his death, but to whose right should
have descended?

A: Dead man’s statute does not apply because at that

time they cannot be said to represent the decedent or
estate of the deceased.